Page:United States Statutes at Large Volume 111 Part 1.djvu/106

 Ill STAT. 82 PUBLIC LAW 105-17-JUNE 4, 1997 "(B) not use any single procedure as the sole criterion for determining whether a child is a child with a disability or determining an appropriate educational program for the child; and "(C) use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors. "(3) ADDITIONAL REQUIREMENTS. —Each local educational agency shall ensure that— "(A) tests and other evaluation materials used to assess a child under this section— "(i) are selected and administered so as not to be discriminatory on a racial or cultural basis; and "(ii) are provided and administered in the child's native language or other mode of communication, unless it is clearly not feasible to do so; and "(B) any standardized tests that are given to the child— "(i) have been validated for the specific purpose for which they are used; "(ii) are administered by trained and knowledgeable personnel; and "(iii) are administered in accordance with any instructions provided by the producer of such tests; "(C) the child is assessed in all areas of suspected disability; and "(D) assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are provided. "(4) DETERMINATION OF ELIGIBILITY.— Upon completion of administration of tests and other evaluation materials— "(A) the determination of whether the child is a child with a disability as defined in section 602(3) shall be made by a team of qualified professionals and the parent of the child in accordance with paragraph (5); and "(B) a copy of the evaluation report and the documentation of determination of eligibility will be given to the parent. " (5) SPECIAL RULE FOR ELIGIBILITY DETERMINATION.— In making a determination of eligibility under paragraph (4)(A), a child shall not be determined to be a child with a disability if the determinant factor for such determination is lack of instruction in reading or math or limited English proficiency. " (c) ADDITIONAL REQUIREMENTS FOR EVALUATION AND REEVALUATIONS. — "(1) REVIEW OF EXISTING EVALUATION DATA. —As part of an initial evaluation (if appropriate) and as part of any reevaluation under this section, the lEP Team described in subsection (d)(1)(B) and other qualified professionals, as appropriate, shall— "(A) review existing evaluation data on the child, including evaluations and information provided by the parents of the child, current classroom-based assessments and observations, and teacher and related services providers observation; and "(B) on the basis of that review, and input from the child's parents, identify what additional data, if any, are needed to determine—

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